November, 2020

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7 trademark tips for blog owners

Erik K Pelton

The following is an excerpt from my book, Building a Bold Brand. To learn more about the book, visit www.buildingaboldbrand.com. . Trademark Tips for Blog Owners. Be creative. A creative name is generally much more likely to be unique and much easier to protect. For example, one of my favorite blog titles is a cheese blog called It’s Not You, It’s Brie®.

Blogging 130
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Class Action Lawsuit Filed Against Airbnb

Traverse Legal Blog

Here is the class action complaint filed against Airbnb by Traverse Legal and Gibbs Law Group. The pdf download link to the class action lawsuit and claims is also below. If you are an Airbnb host who wants more information about how to join the class action lawsuit, you can contact us at this Airbnb Class Action link. cand-3-2020-cv-07842-00001 Download The post Class Action Lawsuit Filed Against Airbnb first appeared on Traverse Legal.

Law 98
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Trademarks: NICE Classification

Sander Law

Trademarks: NICE classification. The NICE classification is a system for classifying goods and services that is used when applying for trademark registration. It is an internationally recognized system and is updated periodically to capture new types of products and services. Classes. The NICE classification utilizes a number system to identify a total of 45 classes of goods and services.

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How can I Find Out if a Creative Work is Copyright Free?

Art Law Journal

Steve Schlackman. Given the popularity of street art, video mash-ups, remixes, or pop art, it's important to know whether the works being used are copyright-free.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Getting over the fear of copyright in photoshoots

Intellectual Property Office Blog

Copyright is scary. Really scary. At least it used to be! As an interior stylist who produces photoshoots for some of the country’s biggest magazines and commercial brands, getting the shots right is a must. Throw in the worry of including something in those shoots that has copyright attached to it, and you don’t have permission to use it, then the dread of being sued really sets in.

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Third-Generation Vaccines Take Center Stage in Battle Against COVID-19

Bio Law Blog

The biopharmaceutical industry is at the forefront of COVID-19 news due to major advances in vaccine development. Now, more than a year since the first case of COVID-19 and nearing a year since daily life has been upended by the pandemic, hopes for a return to normal rest largely on the effectiveness of mass vaccination against SARS-CoV-2, the virus that causes COVID-19.

More Trending

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Why Are Airbnb Hosts Litigating A Class Action Against Airbnb?

Traverse Legal Blog

The Players: Airbnb, Inc. , Airbnb Payments, Inc , and Airbnb Payments UK Ltd. (collectively “Airbnb”), operating through Airbnb.com, is a software platform acting as a ‘directory’ of short-term rental listings posted by its users (“hosts”). Listings added to the directory by hosts are organized by location and are shown to travelers looking for alternatives to hotels and resorts.

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Trademarks: Goods & Services Statement

Sander Law

Trademarks: Goods & Services Statement. When you apply for trademark registration, in addition to identifying your trademark, you need to specify the types of products and/or services you are selling in association with the trademark. Purpose. The Goods & Services statement defines the scope of protection for your trademark. That is, your trademark registration will provide protection for your mark for those products/services you identify in the application.

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Tips to Curate Your Creative Portfolio with Confidence

Art Law Journal

Hiring managers pay more attention to the contents of your creative portfolio than your work experience. Artrepreneur reviews proven strategies for curating a creative portfolio that lands you that coveted gig. The post Tips to Curate Your Creative Portfolio with Confidence appeared first on Art Business Journal.

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How intelligent is your Intellectual Property intelligence?

IP Blog

Analyzing competitor activities and being well-informed of innovative new technologies is essential to a good Intellectual Property (IP) strategy. A high level of infringement protection and avoiding costly parallel developments are two goals of professional patent monitoring. It is important to ensure that there is no infringement of third-party IP rights while simultaneously monitoring the patent activities of competitors that affect your business.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Common Patent Misconceptions - Myth #5 - Provisional Applications

Canadian Intellectual Property Blog

This article is part of a series on commonly held misconceptions about patents. Many prospective patentees often have unfounded reservations about patenting their inventions. The aim of this series of short articles is to debunk these common myths around patent protection. Patent Myth #5: Even if my invention is in an early stage of development, I can still file a “quick and dirty” U.S. provisional application A U.S. provisional patent application can be filed as a “place holder” to secure an ea

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Episode 141: Fall 2020 Trademark Scam Update

Erik K Pelton

Did you know that Erik’s most popular, widely read and commented on blog posts are the ones he writes about scams? The USPTO trademark commissioner recently spoke on an online panel acknowledging that exposure to scam has been significant and growing. In this episode, Erik shares some tips to avoid these scams. The post Episode 141: Fall 2020 Trademark Scam Update appeared first on Erik M Pelton & Associates, PLLC.

Trademark 100
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5 tips for the safekeeping of your trade secrets

Texas Intellectual Property Law Blog

Texas is among the states whose trade secret laws developed using the Uniform Trade Secrets Act as a model.?However, businesses sometimes overlook the protection of their own trade secrets. Here are five tips for keeping such essential information safe. 1. Identify trade secrets Identify the trade secrets within your company. Assess the likelihood of employees divulging or selling this information to outsiders or of competitors acquiring or duplicating your trade secrets. 2.

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You, Me & IP Webinar Series: A Cannabis Haiku

Greenspoon Marder LLP

Featuring: Justin McNaughton, Partner and Sharon Urias, Partner With the passing of ballot initiatives in South Dakota, Mississippi, New Jersey, Montana, and Arizona, more than two-thirds of the states have now legalized cannabis in some form. Yet federal trademarks are still not allowed…kind of. We discuss cannabis trademark issues, best practices, and pitfalls.

IP 52
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Licensing Strategies for the Visual Artist

Art Law Journal

Steve Schlackman. Don't be at a disadvantage when negotiating against an experienced opposing party. Here a few things to consider to even the playing field.

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COVID-19 and Intellectual Property's role in facilitating vaccine access

IP Blog

The year 2020 commenced in much the same way as most years do, but it quickly became apparent that the world needed to brace for the unexpected. As 2020 nears its close, COVID-19 remains a significant threat in nearly every corner of the world. It has become clear that Intellectual Property issues may have a considerable role to play in the accessibility of forthcoming vaccines.

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When Is a Song Published?

Dear Rich IP Blog

Dear Rich: I'm about to submit a copyright application and have a question about whether or not a song is considered published. What exactly is meant by "distributed to the public"? If I send copies to a few people, is that considered "published," or does it have to be a mass distribution, like a sale? Publication occurs when your song is first made available to the public on an unrestricted basis.

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Episode 140: Do I need a Corporation or a LLC to File a Trademark?

Erik K Pelton

Episode 140: The simple answer is no. You don’t need a corporation or LLC to file but there are some considerations to be made as to whom actually owns the trademark. In this episode, Erik explains some critical items to consider in order to avoid trademark filing complications and even cancellation. The post Episode 140: Do I need a Corporation or a LLC to File a Trademark?

Trademark 100
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5 tips for the safekeeping of your trade secrets

Texas Intellectual Property Law Blog

Texas is among the states whose trade secret laws developed using the Uniform Trade Secrets Act as a model.?However, businesses sometimes overlook the protection of their own trade secrets. Here are five tips for keeping such essential information safe. 1. Identify trade secrets Identify the trade secrets within your company. Assess the likelihood of employees divulging or selling this information to outsiders or of competitors acquiring or duplicating your trade secrets. 2.

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The Impact of CIPO’s New Guidance on the Prosecution of Patent Applications Directed to Diagnostic Methods

Canadian Intellectual Property Blog

The Federal Court in Choueifaty v. Canada (Attorney General) , 2020 FC 837 decision found that CIPO’s problem and solution framed “purposive construction” was inconsistent with the principles set forth by the Supreme Court of Canada (for more background information, please see our previous article ). The CIPO has now issued examination guidance in light of this decision.

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Fish’s Atlanta Office Principals Christopher Green and Thad Kodish Support Atlanta Volunteer Lawyers Foundation (AVLF)

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is proud of the outstanding pro bono efforts of our attorneys. Principal Christopher Green was recently recognized by his client for his work in conjunction with the Atlanta Volunteer Lawyers Foundation (AVLF). Green is noted for his “unbelievable patience and empathy” in the AVLF story “ Lighthouse in the Storm. ” Green is deeply committed to making the community a better place and was named a 2019 Volunteer of the Year by the AVLF’s Safe Families office for his work assis

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Strategies patent defendants use to avoid injunctions

IP Blog

Facing the threat of a patent lawsuit can quickly throw a company into uncomfortable and uncharted waters. Even if your legal team is confident that it can vindicate your legal rights, there is plenty of reasonable concern about how such allegations can significantly alter your prospects and the ability to conduct your business.

Patent 52
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Indemnity For Officers And Directors In A Condominium

GDB Firm Blog

A recent case has called attention to the issue of whether officers and directors or managers of a condominium are entitled to be indemnified by the condominium in the event that they are sued because of their conduct.

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Episode 139: The Types of Acceptable Evidence for Trademark Applications

Erik K Pelton

Episode 139: There are different evidence requirements with the USPTO for services vs. goods. In this episode, Erik discuses these differences and the importance of proper evidence in the trademark application process. The post Episode 139: The Types of Acceptable Evidence for Trademark Applications appeared first on Erik M Pelton & Associates, PLLC.

Trademark 100
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Can Nonprofit Use NBA/NCAA Trademarks for Fundraising?

Dear Rich IP Blog

Dear Rich: We are an anti-human trafficking nonprofit creating a team-oriented fundraiser for educational purposes. Could "fair use" be applied if our fundraising teams name themselves after clearly trademarked team names like NBA teams or NCAA teams. We’d recommend against using the names of basketball teams for fundraising purposes. It’s possible that NCAA or NBA trademark owners would not know (or care) about your use of team trademarks.

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CIPO Updates Patent Examination Practice In Light of Recent Federal Court Decision

Canadian Intellectual Property Blog

The Federal Court in Choueifaty v. Canada (Attorney General) (2020 FC 837) found that CIPO’s problem and solution framed “purposive construction” was inconsistent with the principles set forth by the Supreme Court of Canada. CIPO has now issued examination guidance in light of this decision. The updated guidance will be applied effective immediately to applications currently in prosecution as well as those presently before the Patent Appeal Board.

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Legal Alert: New Hatch-Waxman-Style Patent Law Formally Adopted by China’s National People’s Congress; to Take Effect June 1, 2021

Fish & Richardson Trademark & Copyright Thoughts

On October 17, China’s National People’s Congress (NPC) formally adopted a revised patent law that makes significant changes to that country’s legal framework for pharmaceutical patents. The regulation, promulgated by China’s National Medical Products Administration (NMPA), is the result of a preliminary trade deal with the U.S. signed in January that aimed to incorporate aspects of American patent law into the Chinese legal system.

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Trademark everything: The not-so-secret world of celebrity IP

IP Blog

Celebrities know the power of branding and the benefits it brings, but they also tend to be a bit quirky. They trademark some weird stuff and have even stranger reasons for doing so. However, being a superstar does not necessarily get them past the trademark office, which ultimately has the last word on an application. With that in mind, let us have a look at some of the bizarre things that famous people have tried to and sometimes succeeded in trademarking.

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What’s in a number? A discussion of two decisions concerning rights in telephone numbers

IP Whiteboard

Most of us don’t think about our telephone numbers very often but these strings of digits can be incredibly important. You might not be able to recall your best friend’s phone number off the top of your head but thanks to a TV ad from the early 2000s you may remember the number for the Reading Writing Hotline (1300 655 506) or the number of the titular Jenny from Tommy Tutone’s 1981 hit tune (867-5309).

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Episode 138: How Can You Avoid Losing Your Trademark Rights?

Erik K Pelton

Following a client question, Erik shares four tips to ensure that registrants avoid the risks of losing their trademark rights. The post Episode 138: How Can You Avoid Losing Your Trademark Rights? appeared first on Erik M Pelton & Associates, PLLC. Following a client question, Erik shares four tips to ensure that registrants avoid the risks of losing their trademark rights.

Trademark 100
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Guess Who's (Not) Coming to Dinner?

GDB Firm Blog

With Thanksgiving next week and the holiday season around the corner, large gatherings will need to be adjusted to comply with the most recent restrictions imposed by Governor Andrew Cuomo, which are aimed at thwarting the recent rise in Coronavirus cases.

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Cyber Security in a Post-Corona World: Startup Opportunities and Challenges

IP Spotlight

On Nov 5, 2020 at 9 am EST / 3 pm CEST / 4 pm IDT, global innovation platform Axis Innovation will host a webinar titled Cyber Security in a Post-Corona World: Startup Opportunities & Challenges. This webinar will share actionable insights for companies (especially early stage companies) who seek to address global cybersecurity needs. The speakers and topics include: Developing Effective Cybertech Patent Strategies – with me, Jim Singer, Intellectual Property Department Chair of Fox Ro

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Fish & Richardson Receives 2020 Law Firm Pro Bono Award from Dell Technologies

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson was proud to receive the 2020 Law Firm Pro Bono Award from Dell Technologies’ Legal Pro Bono and Community Involvement Committee at a virtual awards luncheon on November 19, 2020. Dell’s General Counsel Rich Rothberg presented the award to Fish Principal Whitney Reichel, who accepted on the firm’s behalf. The annual award recognizes outside counsel firms for extraordinary pro bono efforts.

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Brexit and Supplementary Protection Certificates

IP Blog

What impact will Brexit have on Supplementary Protection Certificates (SPCs)? The question is complicated as SPCs are national rights governed by EU Regulations – specifically, Regulation (EC) No 469/2009 of the European Parliament and of the Council of May 6, 2009, concerning the supplementary protection certificate for medicinal products. There is also Regulation (EC) No 1610/96 of the European Parliament and of the Council concerning the creation of a supplementary protection certificate for

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No mean feet obtaining a discovery order – Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited

IP Whiteboard

Sex and the City fans will be very familiar with the infamous satin blue stiletto heels Mr Big proposed to Carrie Bradshaw with. The iconic moment was seared into pop culture history as Mr Big bent down on one knee and placed the cobalt blue shoe on Carrie’s foot like a life-transforming glass slipper – and just like that, the luxury shoe label MANOLO BLAHNIK became known for its coveted pieces of art for the feet, particularly the ‘ Hangisi ’ style.